Hold stamped H1B visa but exploring L1A option.

USA L1, L2 Visa
1

HI, My wife was recruited in US and holds a valid stamped H1B visa till Sep’14. Due to my visa issues, she took a transfer from US office to her India office. She will be completing one year of service in India office in Oct’13. Thereafter, she is expected to join back in US office.

We have a little inclination on exploring if she can go back on L1 visa as L1 dependents can work in US and futher prospects of permanency(GC) seems to be more favourable on L1 visa.Her company is Ok to do L1 visa for her.

The questions we have is:

  1. Is it advisable to renenter US on H1 and then apply for COS.

  2. If we plan to go for L1A(for her)/L2(for myself) visa interview here in India, is the denial of L1 impact her H1B.

Regards

Vinay

2

  1. Either is fine. If the job is really L-1 eligible and she satisfies L-1 requirements then she can either go for L-1 stamping now or enter on H-1 and file COS. Is her employer ok w/ the option of entering on H-1 and then filing COS?

  2. No, it won’t

3

Thanks Saurabh for your quick response. Yes, the company is fine with either of the option. We are trying to explore which one is safer. From what I understand based on your response, if at the time of stamping they refuse to approve L1, she can still go ahead and enter US based on her stamped H1B.

4

That is correct. Usually, they don’t cancel H-1 visa stamp when denying L-1 visa.

5

Thanks again Saurabh for sharing this piece of Info.